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HomeMy WebLinkAbout20120572 Ver 1_More Info Received_2012081411- DS10% August 12, 2012 NC Dept of Environment and Natural Resources Division of Water Quality Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699 -1628 Attn: Karen Higgins This letter is in response to Certified Mail 7012 1470 0001 3843 2833 (copy of letter attached) sent to: David T and Lisa N. Koch 6124 Oxfordshire Court Raleigh, NC 27606 Additional Information Requested: Corrections were made to questions 1 and 2 on the attached permit. I met with Danny Smith, Lauren Witherspoon and Martin Richmond on July 27, 2012. The three of them instructed me as to the proper way to fill out the permit regarding questions I and 2. Question 3 was discussed amongst the group and agreement was made that Culvert I will remain so property owners can access entire property in a safe manner. Property owner is aware of buffer restrictions in relation to this culvert. Question 4 was also discussed amongst the group and agreement was made that when tying the existing ditch to the relic ditch the two 90 degree turns — represented on the drawing — will both be more gradual turns. Also, rip rap will be added to first turn to stabilize dirt added to fill existing ditch so as to avoid any washing. If you have any questions, please do not hesitate to contact me (919) 387 -7459. Thank you for your help in this matter. And please thank Danny, Lauren and Martin for meeting with me on July 27, 2012 to assist me with this permit. Sincerely, cSQ QCs �@ =a: Lisa Koch G J A(J 1 s' 2012 I HCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild PE Dee Freeman Governor Director Secretary July 3, 2012 DWQ Project # 12 -0572 Wake County CERTIFIED MAIL: 7012 0470 00013843 2833 RETURN RECEIPT REQUESTED David T. and Lisa N. Koch 6124 Oxfordshire Court Raleigh, NC 27606 Subject Property: Fording of Dutchman's Branch Dutchmans Branch [030402, 27- 43 -4.5, WS -III; NSW] REQUEST FOR MORE INFORMATION Dear Mr. and Mrs. Koch: On June 7, 2012, the Division of Water Quality (DWQ) received your application dated June 2, 2012 to fill or otherwise impact 24 linear feet of intermittent stream channel (permanent impacts) and 400 square feet of Zone 1 Neuse River basin protected riparian buffer to access land. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected streams and buffers on the subject property. This project is on hold and incomplete until we receive the additional information requested below. If we do not receive the requested information, your project will be formally returned as incomplete. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. The buffer impacts included in the PCN application don't appear to be correct. You need to calculate impacts for Zone 1 and Zone 2 which lead up to each of the stream crossings. Zone 1 is the first 30 feet measured landward from the top -of -bank and Zone 2 is the latter 20 feet measured landward from Zone 1. 2. It is my understanding that a ford has been placed in the stream channel as well as the two culverts. Please include the ford stream and buffer impacts in the PCN application as well as the culverts. 3. The 30" RCP culvert that is in the southwestern portion of the property appears to serve no purpose in accessing your property. Please explain the need for this culvert. If there is no need for this culvert please provide a restoration plan including removing the culvert and returning the stream and riparian buffer back to natural conditions. Noe Carolina )atmra!!y North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791 -4200 Customer Service Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX (919) 788 -7159 877 - 623 -6748 An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper Page 2 4. The ditch that you propose to tie into the existing relic ditch has two 90 °turns. Please explain how you plan to attenuate flow so that the existing relic ditch and the banks of Dutchman's Branch do not erode or downcut. Please submit five copies of this information within 30 calendar days of the date of this letter. Please send additional information to DWQ Central Office, Attn: Karen Higgins, 1650 Mail Service Center, Raleigh, NC 27699 -1650. If we do not receive this requested information within 30 calendar days of the date of this letter, your project will be withdrawn and you will need to reapply with a new application and a new fee. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Lauren Witherspoon at 919- 791 -4251 if you have any questions regarding this letter or would like to set up a meeting to discuss this matter. cc: DWQ Raleigh Regional Office File Copy WeBSCaPe — 1650 Mail Service Center Sincerely, IJ 12 i 9 Smit Dann h Y Raleigh Regional Office Supervisor Surface Water Protection Section Filename: 12-0572—Koch Fording of Dutchmans Branch_401_NBR_On -Hold o`'oE wArfi,�4G � r o �c la -o�l2' Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: 219;;dion 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number. or General Permit (GP) number. 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): E 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express G'ffiparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes to For the record only for Corps Permit: ❑ Yes Ei#b 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes 8190 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes Blgo- 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes [+}� 2. Project Information 2a. Name of project: ran I Q C .— La 1 ✓ e� 2b. County: T ..L n &rm d4anf 2c. Nearest municipality / town: Strewn 2d. Subdivision name: P e 2e. NCDOT only, T.I.P. or state project no: N 3. Owner Information 3a. Name(s) on Recorded Deed: d T 3b. Deed Book and Page No. IVA 0 3c. Responsible Party (for LLC if applicable): 0 Athq c I 3d. Street address: X S - ne Q l 3e. City, state, zip: lie IQ C %10 6 101, 3f. Telephone no.: _ INeHe R , 3g. Fax no.: a 4C f 3h. Email address: Q c Page 1 of 10 PCN Form — Version 1.4 January 2009 I� 4. Applicant Information (if different from owner) Some 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. AgentlConsultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1b. Site coordinates (in decimal degrees): I Latitude: ass to q 5CI Longitude: r7 9, -7 S to 1c. Properly size: acres d 2. Surface Waters 2a. Name of nearest body of water to proposed project: EQ 2b. Water Quality Classification of nearest receiving water. - S` III 2c. River basin: ffpuse 3. Project Description j 3a. Describe the existing conditions on the site and the general land use ' the vicinity of the project at the time of this application: ; is a ao aer-e horse -Farm. application. en ©-P the ages are 1 eo reG� IYe o e re,S e m o i /' n -h m der. 7�u tman � one iseefs iz� �r 3b. List the total esimateJ acreage of all existing wetlands on the property: 3c. List the total estimated linear, feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project p C S`irea m C'f au l n rd Q Yer- TWO-hmans Proiieh fo allow homeowner mess -�; a r neano on 3e. Describe the overall prof�t in d il, indud" g e type of equipment to be used: X yQ �- GtxtS USe ha s-lreQm ban na1-0 lace rip p ,n 'Du IrW 8ntnc rd n + 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑ Yes Rflo ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? j ❑Preliminary ❑Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency /Consuftant•Company: Other. 4d. If yes, list the dates of the Corps jurisdictional determinations or State detemrinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained ;for this project (including all prior phases) in the past? ❑ Yes B o F-1 Unknown 5b. If yes, explain in detail according to 'help file° instructions. 6. Future Project Plans 6a. Is this a phased project? [I Yes o 6b. If yes, explain. - I X-X-Y, Qther Sidi:, o_P S Ct ed M Page 3 of 10 c u l ire rrfs were 1 p laee if) PCN Form — Version 1.4 January 2009 sfreom -6 aHoW� homeowner sa-Pe access 4o alI reaff 'r C. Proposed impacts Inventory I. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands 3'�Streams — tributaries Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary 2b. I Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one j Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: i i I 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. 1 Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (I NT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one 'Ve T— _ 'ar _ /rtl 1 _C91 S2 - Choose on )ved a U q U 9 ' S3 - Choose one F o 5 Q - &rerinla - q6 (� S4 - Choose one S5 - Choose one S6 - Choose one 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 i 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary 4b. ; Name !of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one I Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: i 5. Pond or Lake Construction 1 If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acresj: 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mite ation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? [Q Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number— Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 6g. Zone 2 impact (square feet B1 ro rd class Ou ' bane Ye o 1400 B2 - u ✓e r t- 1 -, T id7o h 1 (CP C, Ye o 3�A t a 10 B3 - fjf (! n� l-CtI ch Ye o t0 i`i Q B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance 1 a. Specifically describe measures taken to a�°id or minimize the p p sed im cts i d igning project. Meet was o-ai , ��fed Yf � � oo� �y. �eeoFeo� i rr�aPiafe Jy u� Cam 1$ -hc�n o� work. Gt1or k dccurrPd dun n °rY ►orw 4'Iow �k�i 1b. S cifically describe measures taken to avoid or minimize the proposed im ; cts throug construction t ge d or hIi h poin-ks Wer eom �+e an �' �r'PCt-� ee fun o -Fi-am nn 74fArnan, r06' ch. fi� rap was u q � p P P .� 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes 9KO impacts to Waters of the U.S.! or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps If ❑ Mitigation' bank 2c. yes, which mitigation option will be used for this ❑ Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation i 3. Complete N Using a Mitigati on Bank 3a. Name of Mitigation Bank: Type: Choose one Quantity: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity: Type: Choose one Quantity: 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in -lieu fee, program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. No"parian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: aeries 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan i 5a. If using a permittee responsible mitigation plan, provide a description of the roposed mitigation plan. I Page 6 of 10 down i mined iale l y PCN Form — Version 1.4 January 2009 -� s t-a b i I iZe i tin ks . i' W, 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required DWQ 6a. VIIII the project result in an impact within a protected riparian buffer that req� buffer mitigation? ices ❑ Yes Lf ryQ 6b. If yes, then identify the square; feet of impact to each zone of the riparian b amount of mitigation required. iffer that requires mitigation. Calculate the Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Cata ) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed permittee responsible riparian buffer restoration, payment into an approve i .g., payment to private mitigation bank, in -lieu fee fund). 6h. Comments: i Page 7 of 10 E. Stonmwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan a 1 a. Does the project include or is it !adjacent to protected riparian buffers ide 'led within one of the NC Riparian Buffer Protection Rules? [T(es ❑ No 1b. If yes, then is a diffuse flow Ian included? If no, a lain See a%taehe ma 9(l)gIneefs and plans by LO r ave `e'� rates ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness ,of this project? % 2b. Does this project require a Stor'mwater Management Plan? ❑ Yes M o ' ; i 2c. If this project DOES NOT requie a Stormwater Management Plan, explain i vhy: 2d. If this project DOES require a Stormwater Management Plan, then provide brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stomwvater Management Plan. 3. Certified Local Government Stormwater Review 3a. In which local governments jurisdiction is this project? 3b. Which of the follovrtng locally- implemented stomnvater management programs apply (check all that apply): '; ❑ Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other. I 3c. Has the approved Stormwater; Management Plan with proof of approval beer attached? ❑Yes ❑ No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management progra (check all that apply): apply E]Coastal counties DORW ❑Session Law 2006 -246 []Other 4b. Has the approved Stormwater Management Plan with proof of approval beei attached? i ❑Yes ❑ No S. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8of10 PCN Form — ersion 1.4 January 2009 Page 9 of 10 PCN Form — Version 1.4 January 2009 I i i F. Supplementary Information i 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federallstate/local) fund use of public (federaUstate) land? or the � Oyes L7 No 1b. If you answered 'yes" to the, above, does the project require preparation of an f environmental document pursuant to the requirements of the National or Ste (North Carolina) Environmental Policy Ad (NEPA/SEPA)? ❑Yes -1 No 1c. If you answered 'yee to the la6ove, has the document review been finalized State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval by the letter.) 0 Yes ❑ No Comments: , 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 21-1''. 1300). DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 26.0200)? R-res ❑ No 2b. Is this an after- the -fad permit application? Mies 0 No 2c. If you answered -yes- to one; of a above uestions, q provide an a an twos d csfrayed ameownier newly � earea Ith lanation of the violations ' O Si X AC reS y R rA �o11 #Drr)odo. was silmpTny cleanin up to dis sierand oom leflel an awart o ca usaR v iio Ia O�►1S 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on pastland reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quay Yes Ip 3b. If you answered "yes" to the above, submit a qualitative or quantitative cum most recent DWQ policy. If you; answered "no," provide a short narrative description. lative impact analysis in accordance with the i i i 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non - discharge the or discharge) of wastewater generated from proposed project, or available capacity of the subject facility. I I Page 9 of 10 PCN Form — Version 1.4 January 2009 I 5. Endangered Species and Designated Critical Habitat (Corps Requirem nt) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑Yes to 5b. mavectyou checked with the USFWS concerning Endangered Species Act [] Yes i 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use;to determine whether your site would impW Habitat? Endangered Species or Designated Critical S. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or nearan area designated as essential fish hab itarp ❑ Yes 1"-0 6b. What data sources did you use ;to determine whether your site would impact Essential Fist' Habitat? 7. Historic or Prehistoric Caltural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes 000 I 7b. What data sources did you use to determine whether your site would impac6 historic or archeological resources? l 8. Flood Zone Designation (Corps, Requirement) Ford 1 8a. Will this project occur in a FEMA- designated 100 -year floodpiain? Yes eNo 8b. If yes, explain how project meets FEMA requirements: i I i 8c. What source(s) did you use to make the floodplain determination? 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